18239. Definition of Lobbyist.
(a) Introduction.
(1) If an individual engages in direct communication, other than administrative
testimony, with a qualifying official for the purpose of influencing legislative
or administrative action on behalf of any person other than his or her employer,
apply Government Code section 82039 and subdivision (b) of this regulation to
determine if the individual is a lobbyist.
(2) If an individual engages in direct communication, other than administrative
testimony, with a qualifying official for the purpose of influencing legislative
or administrative action only on behalf of his or her employer, apply
Government Code section 82039 and subdivision (c) of this regulation to determine
if the individual is a lobbyist.
(b) A lobbyist is an individual who receives or becomes entitled to receive
$2,000 or more in compensation in any calendar month for engaging in direct
communication, other than administrative testimony, with one or more qualifying
officials for the purpose of influencing legislative or administrative action.
(c) A lobbyist is an individual who spends one-third or more of the time, in
any calendar month, for which he or she receives compensation from his or her
employer, engaging in direct communication, other than administrative testimony,
with one or more qualifying officials for the purpose of influencing legislative
or administrative action.
(d) Definitions.
(1) “Administrative testimony” means either of the following:
(A) Influencing or attempting to influence administrative action by acting as
counsel in, appearing as a witness in, or providing written submissions, including
answers to inquiries, which become part of the record of any regulatory or administrative
agency proceeding:
(i) Which is conducted as an open public hearing for which public notice is
given;
(ii) Of which a record is created in a manner which makes possible the creation
of a transcript; and
(iii) With respect to which full public access is provided to such record or
transcript and to all written material which is submitted to become part of
the record.
(B) Any communication made at a public hearing, public workshop, public forum,
or included in the official record of any proceeding, as defined in Government
Code section 82002(b) or (c), before the California Public Utilities Commission.
(2) "Compensation" means any economic consideration, other than reimbursement
for reasonable travel expenses, i.e., expenses for transportation plus a reasonable
sum for food and lodging.
(3) "Direct communication" means appearing as a witness before, talking
to (either by telephone or in person), corresponding with, or answering questions
or inquiries from, any qualifying official, either personally or through an
agent who acts under one's direct supervision, control or direction.
(A) Direct communication does not include any request for or provision of purely
technical data or analysis to an administrative agency by a person who does
not otherwise engage in direct communication for the purpose of influencing
legislative or administrative action.
(B) For the purpose of determining whether an individual qualifies as a lobbyist
pursuant to subdivisions (b) or (c), an individual does not engage in "direct
communication" when he or she meets or speaks with a qualifying official
in the company of a registered lobbyist retained by the individual or individual's
employer or by a bona fide trade association or membership organization of which
the individual or individual's employer is a bona fide member.
(4) "Influencing legislative or administrative action" means communicating
directly or taking any other action for the principal purpose of supporting,
promoting, influencing, modifying, opposing, delaying, or advancing any legislative
or administrative action.
(5) "Qualifying official" means:
(A) Any elected state official;
(B) Any legislative official;
(C) Any appointed, elected, or statutory member or director of any state agency;
(D) Any staff member of any state agency who makes direct recommendations to
the persons listed in subdivision (5)(C) of this subdivision, or who has decisionmaking
authority concerning such recommendations.
NOTE: Authority cited: Section 83112, Government Code.
Reference: Section 82039, Government Code.
History
(1) New Chapter 2 (Section 18239) filed 6/30/75 as an emergency; effective
upon filing. Certificate of Compliance included.
(2) Amendment of subsection (e) filed 9/18/75; effective thirtieth day thereafter.
(3) Amendment filed 11/24/78; designated effective 1/1/79.
(4) Amendment filed 8/27/81; effective thirtieth day thereafter.
(5) Amendment filed 1/25/83; effective thirtieth day thereafter.
(6) Amendment filed 5/7/84 as an emergency; effective upon filing. A Certificate
of Compliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 9/4/84.
(7) Certificate of Compliance transmitted to OAL 7/17/84 and filed 8/21/84.
(8) Amendment filed 3/15/94; effective upon filing.
(9) Amendment filed 7/28/97; effective upon filing.
(10) Amendment filed 6/17/02; effective 7/17/02.